Film Production Tax Credit

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The Film Production Tax Credit is a 30% tax credit on qualified costs incurred in New York State for eligible productions. There are no caps for potential benefit for this credit.

Eligible productions include:

feature films;

episodic television series;

television pilots and presentations; and

television movies and miniseries.

Property and services used or gotten in New York State can be covered. These include:

crafted and technical services;

technical and crew production;

expenses for facilities, props, makeup, wardrobe, and production;

costs of set construction; and

pay for background talent.

Wages and costs of stories and scripts are usually excluded.

For 2015-2019, an extra 10% credit is available for labor costs incurred in Upstate New York.

There are two types of eligibility, Level 1 and Level 2. Each eligibility level must meet different facility threshold criteria:

Level 1 productions cost less than $15 million, and are produced by a company owned less than 5% by a publicly traded entity.

Level 2 productions cost more than $15 million, and are produced by a company owned more than 5% by a publicly traded entity.

To be eligible for benefits, each production type must meet the following criteria:

Level 1 productions must have a set and shoot at least one day in New York State. 75% of total expenses before post-production must be in New York State.

Level 2 productions must shoot on a specifically built set. At least 10% of principal days must be at a facility in New York State, except for television pilots. 75% of total expenses before post-production must be in New York State.

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